Wednesday, December 12, 2012

Another School District in State Receivership

California Department of Education News Release
Release: #12-109
December 7, 2012
Contact: Paul Hefner
E-mail: communications@cde.ca.gov
Phone: 916-319-0818

New Interim Administrator Appointed for Inglewood Unified School District

SACRAMENTO—State Superintendent of Public Instruction Tom Torlakson today appointed La Tanya Kirk-Carter to serve as interim Administrator of the Inglewood Unified School District after accepting the resignation of Administrator Kent Taylor.
"This change is in the best interests of taxpayers, students, and employees of the Inglewood Unified School District," Torlakson said. "I'm confident that our work to address the district's troubled finances will proceed without interruption."
Taylor stepped down after the California Department of Education (CDE) learned of financial commitments he had made without the required CDE approval and prior to the completion of a financial review and plan to restore the district to fiscal health.
Kirk-Carter previously served as Assistant Superintendent of Business Services at the district. She will serve in an interim capacity until a new permanent administrator is named.
The state took over the district in September under legislation passed at the request of the district that provided up to $55 million in emergency state loans to help the district meet its financial obligations. The legislation required the State Superintendent of Public Instruction to assume all the legal rights, duties, and powers of the governing board of the district.
Inglewood Unified School District is the ninth school district in California to request an emergency loan, thus triggering the state takeover, since 1990. Since then, local governance has been returned to four of these districts.
Related Content
# # # #
Tom Torlakson — State Superintendent of Public Instruction
Communications Division, Room 5206, 916-319-0818, Fax 916-319-0100

THE 11 BASIC POSITIONS FROM WHICH ADMIN CAN WRONGFULLY DESTROY AN EDUCATOR:



THE 11 BASIC POSITIONS FROM WHICH ADMIN WILL RAPE AN EDUCATOR: LAWLESSNESS AND THE PRICKS THAT GET PAID TO PERPETRATE IT ON YOU! 

Thanks again to the hard work of Lenny Isenberg

 Not if, but when HR or Your site Administor turns on you (for personal or financial reasons) and forces you to grab your ankles; in California you can expect:

1. A complete denial of basic due process of law

2. NO verified criminal charges under penalty of perjury and in front of a jury of your peers as required by law, the constitution and specific Supreme Court Ruling. But you will be suspended pending dismissal none the less.

3. You will be presumed guilty from the onset! Instead of being presumed innocent, a basic right in criminal and civil courts, so too the burden of proof is thrust on the educator without regard to your constitutional rights, US supreme court rulings and hundreds of State Education, labor, and government codes. This is the nature and rule of CA Administrative Law and the OAH.

4. CTA attorneys are supposedly paid to "defend its members." These same firms also take a large piece of other school district's budgets for prosecuting union employees. For instance, the CTA attorneys WILL go along with months to years  of stalling by agreeing to continuance after continuance inspite of stature to the detriment of their clients with the only goal of stringing out their billable hours only to settling the case at the employees expense and often termination. ...CTA then pays them an extra bonus, 40% of the paltry punitive settlement. Too often  the desperate and scared educator IS COERCED by these attorneys INTO SIGNING bullshit entrapment laden agreements.

5. Teachers are now automatically hit with the vague ambiguous "morals charges" under California Ed. Code 44939 to strip them of their right to grievance and arbitration under collective bargaining. Expect the local union to look the other way. Or try to tell you the union legal doesn't protect members from this kind of allegation. An almost certain lie. Even the infamous 'hatchet' ALJ H. James Alher admitted in a hearing, that he could not define the term "Moral Turpitude" yet he allows it as a charge and convicts many educators on its foundation. If in southern California, you are assigned Ahler as the ALJ over your OAH hearing tell your attorney to file an immediate request to have him replaced. This guy works almost directly out of the district's law firm's pockets. He is immune to discipline per Federal rule over ALJ's. Ahler, while driving intoxicated (twice the CA legal limit)  hit and killed a pedestrian in Vista CA.

6. No legal Skelly hearing  will  be provided. A  pre-disciplinary requirement on the district who must required by the 1975 case that states charges and evidence needs to be provided pre-discipline to charged teacher. This is never done. Half the time HR is still trying to figure the best charges to file against the educator. Some times they wont even tell you that the meeting is a skelly hearing, whose subsequent report to the school board for approval will become permanent record.

7. There is no bond provision or other ability to stop teacher from being put on unpaid administrative leave without benefits. How many people can survive under these circumstance and at the same time hire their own attorney in addition? This would cost them $5000 for openers with some teachers already having been fleeced of over $100,000. In Moreno Valley, CA the local is very reluctant to let go of any money for  the defense of  their members. Nor will you be able to look at that attorney's billable hours and retainer fee. Rumor is that each educator has over $20,000 dollars supposedly set aside by CTA. But CTA will never admit the existence of this.

8. Your CTA local provides no legal assistance and will only refer to their local attorneys such as the infamously incompetent Ron Skipper, Matt Singer (and others in Southern California. Happy to sell you out or ignore pertinent laws to ease their work load while collecting their easy money CTA checks.)

9. Example: Article V of the LAUSD/UTLA Collective Bargaining Agreement allows UTLA to bring a consolidated action on behalf of all their teacher members so charged in violation of the Collective Bargaining Agreement, LAUSD's own Bulletin Policies dealing with housing teachers, duration of housing, and who should be housed, and violation of state codes and federal law. UTLA NEVER has done this and makes every effort to keep teachers divided and unaware of each other. Strength in numbers? Check the wording of your contract. Other locals have similar.

10. In no other profession, e.g. lawyer, doctor, accountant, police officer, where the professional is licensed from the state;  will the public employee - educator - be deprived of the constitutional property right to make a living in their trained field without a criminal court conviction of that case and the same charges.

11. My personal favorite is when CTA, that you have paid dues to for years, deprives you of the right to vote in any union election or take part in any union activity. By this bizarre logic, all your district would have to do is put all teachers on unpaid administrative leave and no member would be able to vote to stop them. Huh? Yep! It looks like some districts are trying to do just that.


Wednesday, November 21, 2012

Fontana School Board Member Kathy Binks



A Rare Commodity: Board Member Kathy Binks


Originally published in the San Bernardino
Sun Telegram

Fontana Unified School District

... Discussion on an adult bullying prevention policy was tabled to give board members time to review a proposal "with teeth" that was presented by Board Member Kathy Binks. Binks presented an alternative to the policy, which was drafted by the board's attorney and included in the packet of information board members receive prior to the meeting. 

Binks' proposed a resolution to control "instances of bullying and bullying-like conduct by adults, including, but not limited to, governing board members, toward other adults, including other board members" calls for "governing board members found by a majority of the board, during a properly agendized public meeting of the board, to have violated this policy may be subject to appropriate legal action, public censure and public disclosure of the conduct found to be in violation of this policy."

Binks, who is retiring from the board after 25 years of service on Dec. 12, said she hopes other board members will pursue implementation of this policy.

Tuesday, November 20, 2012

CTA REFUSES TO USE BUT A FRACTION OF IT'S ONE-THIRD BILLION DOLLAR annual INCOME TO onerously and relectantly PROTECT AND DEFEND (some not all of) IT'S MEMBERS IN NEED.

Our's is the first era where Teachers in California Have NO Enforced Rights though dozens of laws, statutes, and codes exist to protect our them. This has come to pass due mostly to the ineptitude and corporate style greed of The California Teachers Association, Our "Union." Sometimes calling itself a "Professional Organzation," not a Union. 

CTA REFUSES TO USE BUT A FRACTION OF IT'S ONE-THIRD BILLION DOLLAR annual INCOME TO onerously and relectantly PROTECT AND DEFEND (some not all of) IT'S MEMBERS IN NEED. It seems fitting you should know the salaries of the people who take an average of $75 per month from each educator (CTA states 325,000, down from over 345,000 members.) 75X325,000.00 = $ 24,375,000 PER MONTH, 12mo.X $24,375,000.00 = $292,500,000.00 per year. CTA is the richest state union in the country and the richest of its type in the world. The same CTA that gave itself through your local representatives, no membership votes were cast, an income increase every year that there have been teacher layoffs - the last six years.



I personally couldn't get a qualified CTA attorney to represent me at all. Inspite the local's CTA representative promising me that "it would be no problem." CTA legal refused to allow me an attorney in an administrative hearing regarding my pending dismissal on a set of out and out LIES by Moreno Valley Unified School District's, HR Drag Queen - Henry H. Voro's. CTA legal also refused an explanation or to provide the total each member is allotted for legal defense.
What are they hiding now?

Tuesday, November 13, 2012

ARE YOU being targeted and threatened with removal from your teaching position with the School District ? STOP!



ARE YOU being targeted and threatened with removal from your teaching position with the School District ? STOP!
With teachers being targeted and removed from their teaching positions with the Moreno Valley Unified School District (MVUSD) on trumped up charges without even basic constitutional guarantees of due process of law and in complete derogation of their rights as clearly laid out in applicable legal precedent, it is important that teachers so targeted seize the initiative, while not passively submitting to this witch hunt. To that end, the following document should be used to put MVUSD on notice, when they move for your illegal removal from you teaching position. Putting the district on notice like this will be the first step in a battle where you will frame the conversation for a change, while recapturing your status as an adult, professional, and well educated teacher who will not go quietly into the night (WHICH EXACTLY WHAT THEY REALLY WANT).

Originally published on Perdail.com
Edited by I, Praetorian  

Form Letter for "Skelly" meetings

I have been directed to attend a meeting on _______ to discuss my "possible dismissal". I have also been informed that this is my "opportunity to be heard".

I am a permanent, certificated employee. Under the California and United States Constitutions and I have a protected property interest in my continued employment and licensing as a California teacher. I also have a constitutionally protected liberty interest in preserving my reputation.

Since you are threatening me with immediate, unpaid suspension, it is my understanding that this meeting would be a pre-disciplinary proceeding that is required under California law. I also understand that under California law: (a) I am entitled to know all of the legal reasons or grounds that support the District's belief that I should be dismissed before the meeting, (b) I am entitled to review all of the evidence that the District contends to support the legal grounds for my dismissal before the meeting, (c) the meeting must provide a meaningful opportunity to respond to the allegations, and (d) the meeting must be fair and impartial.

I have also been given the option to offer a written response. However, unless I am provided with the above information, I cannot meaningfully respond to unspecified charges based on evidence I am not permitted to review before the meeting whether orally or in writing. Also, without an opportunity to review the evidence supporting the charges, I am unable to respond to the evidence.

I shall be pleased to respond to any and all written charges that are presented to me. However, in order to do so, I request that the District provide me with copies of all of the evidence that is being offered against me. Therefore, please re-schedule the meeting to provide me with at least five (5) working days for me to review the charges and evidence.


I have received a copy of this letter on ___________.
Signed ____________________________________school person
NAME PRINTED______________________________

If mailed: Send certified mail, return receipt requested. Enclose a return envelope and copy of letter and add sentence:

Please date and sign one copy of this letter and return it to me in the postage paid envelope provided for your convenience.


BEWARE OF THE FOLLOWING TO RULES THAT ABSOLUTELY APPLY TO YOU:

A Lybarger admonishment derives its name from Lybarger v. City of Los Angeles 40 Cal. 3d 822 (1985). In interpreting Government Code Section 3303(e) and (h) the California Supreme Court determined that whenever a supervisor/manager interrogates an employee and (a) it appears that the employee may be charged with a criminal offense as a result of his misconduct, or (b) the worker refuses to answer questions on the ground that the answers may be criminally self-incriminating, the questioning must be preceded by a “Lybarger admonishment.” As such, The employee must also be told the following:



• Among other things, that although the employee has the right to remain silent and not incriminate himself

(1) his silence could be deemed insubordination, leading to administrative discipline, and
(2) any statement made under the compulsion of the threat of such discipline (i.e., incriminating statements) could not be used again him in any subsequent criminal proceeding.


Remaining silent:

• If the employee continues to stand on his Fifth Amendment right to remain silent in the face of the above admonition, he risks disciplinary action for his refusal to answer. If the worker agrees to answer questions after the above admonition, management can use his answers for administrative purposes ONLY including discipline– but not criminal prosecution.

Remember, before any meeting with a supervisor where the employee reasonably believes discipline may result, a union representative should be consulted, and the right to have one present is guaranteed under the Weingarten rule. 

The employee must also be told the following:


• Among other things, that although the employee has the right to remain silent and not incriminate himself

  (1) his silence could be deemed insubordination, leading to administrative discipline, and

   (2) any statement made under the compulsion of the threat of such discipline (i.e., incriminating statements) cannot be used against him in any subsequent criminal proceeding.


Remaining silent:

• If the employee continues to stand on his Fifth Amendment right to remain silent in the face of the above admonition, he risks disciplinary action for his refusal to answer. If the worker agrees to answer questions after the above admonition, management can use his answers for administrative purposes ONLY (THOUGH THIS MAY INCLUDE USE FOR DISCIPLINE , SUSPENSION, OR DISMISALL)– BUT not  criminal prosecution.

HOWEVER, before any meeting with a supervisor where the employee reasonably believes discipline may result, a union representative should be consulted, and the right to have one present is guaranteed under the Weingarten rule.You should ask for the local president or senior member of the cabinet to represent you.
 The Garrity Rule: However, An employee statement obtained under threat of removal from office cannot be used in subsequent criminal proceedings. 



WHAT IS INSUBORDINATION?

When you refuse to carry out a direct order, it is called insubordination. Most of
 the time, the union cannot protect a worker who refuses a direct order - even 
if the order is against  your rights under the contract or law. Workers have 
to follow the order and then file a grievance. This is called “obey now,
 grieve later.”

WHAT MUST MANAGEMENT SHOW?

To discipline an employee for insubordination, management has to show that:
·        The supervisor/manager told the worker that it was a director order; AND,
·        The supervisor/manager told the worker what would happen if he/she
    disobeyed the order.

When can you refuse a direct order?
There are two reasons that you can refuse a direct order: 

1.YOU REASONABLY BELIEVED THAT YOU WERE TOLD TO DO SOMETHING 

ILLEGAL; OR, 
2. YOU REASONABLY BELIEVED THAT YOU WOULD BE IN IMMEDIATE DANGER.

“OBEY NOW – GRIEVE LATER”

“Obey now, grieve later” can be very frustrating and unfair. It can take a long 
time to settle a grievance, even if you win. All the time you are fighting to win
the grievance, you are supposed to go along with management’s unfair order. 
Talk to the union to see if there is a way to speed up the grievance. Also, 
talk with your co-workers and the union representative to figure out ways
to pressure management to wait for the grievance to be  settled before
making anyone follow the rule.

If you or someone you know has been targeted and are in the process of 
being dismissedand need legal defense, get in touch:

Lenny@perdaily.com   OR   R. Alexander Bright




Sunday, November 11, 2012

Riverside Deputies Union Office Is Raided

Sheriff Deputies' Union Office Is Raided
In Riverside County, federal agents seek evidence while use of a trust fund is probed.

Originally published
 September 29, 2006 
LATimes
by Maeve Reston |
Armed federal agents in blue windbreakers and business suits raided the office of the Riverside Sheriffs' Assn. on Thursday, an action that comes as the FBI investigates the use of the association's legal trust fund (was Sayer's run for sheriff, and McNamara's  attempted illegal backdoor handout of $500,000 to Sayre a part of this?).

Officials at the FBI and the U.S. Attorney's office refused to discuss the investigation, but an agent involved in the raid at the Riverside office park was seen carrying a search warrant that included the last name of the sheriffs' association president, Pat McNamara.
Description: http://articles.latimes.com/images/pixel.gif

This summer, federal prosecutors filed a confidential document in Superior Court stating that the FBI and U.S. Department of Labor were investigating whether money from the association's legal trust fund was embezzled, according to a report by the Press Enterprise in Riverside. The document was inadvertently posted on the court website and then removed, the newspaper reported.
The attorneys for the union and the legal trust fund released a brief statement after the raid: "The RSA and its Legal Defense Trust have fully cooperated with the Department of Labor inquiry from the very beginning, and will continue to cooperate with authorities. Both the RSA and the Legal Defense Trust believe that they have done nothing wrong or improper, and they look forward to being vindicated in this matter."

McNamara did not return calls for comment Thursday.

The Riverside Sheriffs' Assn. represents 2,700 deputies and other law enforcement and public safety personnel employed by Riverside County.

Thursday's raid comes in the midst of a nasty court battle between McNamara and a former employee who handled the union's legal defense fund.

McNamara is suing the former employee, Scott Teutscher, alleging defamation, and this month federal officials won a court order to the halt the discovery phase of that case, saying they needed to complete "certain criminal proceedings" involving McNamara and Teutscher.
The legal dispute between the two men, who oversaw the day-to-day operations of the association's legal trust fund, began in 2005 after several sheriff's offices in Riverside County received unsigned faxes bearing the heading "Corruption Within the Sheriffs' Association."
The memos alleged that money was embezzled from the union's legal trust fund under McNamara's direction to pay the attorney fees of a former Riverside County sheriff's deputy who was facing criminal charges, according to court documents

In the defamation lawsuit filed last year, McNamara accused Teutscher of sending the anonymous faxes and making other remarks accusing him of embezzlement to ruin McNamara's reputation.
More details of the case emerged this month when Teutscher filed a counter-lawsuit against the association, McNamara and other RSA employees.

Teutscher, who declined to comment, states in court documents that after he became the association's legal operations manager in 2002, he noticed that McNamara and other top officials were funneling trust fund money to Duane Winchell, who was described in the lawsuit as McNamara's "personal friend" and a former deputy who had been fired.
Court records show Winchell was charged with stalking and vandalism in 2002.
Teutscher alleges in his lawsuit that when he confronted McNamara and other top RSA officials about what he viewed as improper transactions, he was told to "shut up" and do his job.
Description: http://articles.latimes.com/images/pixel.gif
The lawyer for the union, Manny Abascal, said the organization acted appropriately in providing benefits for the fired deputy.

"The union has a benefit plan that provides legal services for a deputy in need," said Abascal, noting that the union reviewed Winchell's case and determined that he was covered.
"We don't discuss the merit or circumstances of any individual cases," he said. "The decision was made to provide him benefits under the plan, and the union stands by it."
Teutscher said that about six months after the anonymous faxes went out accusing McNamara of wrongdoing -- which he denies sending -- he cooperated with officials from the district attorney's office who interviewed him about the possible misuse of funds.

A spokeswoman for the district attorney's office said the investigation was handed over to federal officials.

Around that time, Teutscher maintains, an employee in his office falsely accused him of throwing a file at her three months earlier. It was an accusation he said was used as a ruse to get him fired.

Before he was terminated Sept. 11, 2005, Teutscher says, he met with RSA Executive Director James Cunningham, who asked him to admit that he had been meeting with investigators and giving information about the internal affairs of the association.

Abascal said the association intended to vigorously contest Teutscher's lawsuit.
"We do not in any way agree with that characterization" that he was wrongfully terminated, Abascal said. Call me simple but when the hell did a union official  start toeing the line for that agency's HR or IA department? Let's Not Forget that it was McNamara who arranged the secret back door contribution with Harold "Rick" Sayre for over half a million dollars. Remeber it was the Deputies themselves who had to break up that love trist.

The more I read on Abscal the better Teutscher's statements sound.

Saturday, November 10, 2012

Los Angeles school officials are going back 40 years in their internal review of teacher discipline cases - perfect lie to cover firing older higher paid teachers

THIS IS IMMEDIATE FUTURE OF PUBLIC EDUCATION...

Los Angeles (CNN) -- In an expanding investigation into teacher misconduct, Los Angeles school officials are going back 40 years in their internal review of teacher discipline cases in an effort to determine whether any of the instructors should also be referred for possible license revocation, a school spokesman said Friday.

Los Angeles School Superintendent John Deasy has asked the principals at more than 1,000 schools to search the files of the past 40 years for "any cases of possible employee misconduct," spokesman Tom Waldman told CNN.
The 40-year period is a significant expansion from the past four years of misconduct cases that the system has already reviewed.

So far, Los Angeles school officials have referred the discipline cases of 604 teachers from the past four years to state authorities who have powers to revoke a teacher's credentials, officials said.

Of those 604 cases (THIS NUMBER IS FROM HR AT LAUSD, THE ACTUAL NUMBER OF TEACHERS IN LAUSD "Rubber Rooms" MAY BE TWICE THAT FIGURE. )  in which teachers were fired or facing discipline, 60 teachers were accused of sexual misconduct with pupils on or off campus or with minors who weren't students, school officials said.

The California Commission on Teacher Credentialing will investigate 366 of the 604 teacher cases to determine if licenses should be revoked, which is a six-month process, spokeswoman Anne Padilla said. Most of the cases focused on allegations of teacher misconduct that involved student safety.

Padilla said Friday that 122 of the 604 cases were referred back to the school district for further information because the state agency didn't have the authority to investigate.
She also told CNN that 103 of the 604 cases were duplicates and were already being investigated by the agency's committee on credentials. "For the vast majority, no final action has been taken. They are still in process," Padilla said about the 103 cases.
The referral of the cases to state licensing investigators comes as the nation's second largest school system deals with a crisis of teacher misconduct. The district has been reeling from a scandal at Miramonte Elementary School, where two teachers have been charged with lewd acts on pupils, including one teacher accused of putting children in adult-like bondage situations and placing semen-filled spoons at their mouths.

The state license of that teacher, Mark Berndt -- who has pleaded not guilty to 23 counts of lewd acts on pupils -- has been suspended as the state agency monitors his criminal case, and a license revocation occurs upon a conviction, Padilla said. If an appeal to a conviction is made, the suspension of teaching credentials continues, Padilla said.


This week, the California Senate approved a bill that would empower school boards to fire teachers for misconduct and expedite the firing process of instructors accused of offenses involving sex, violence or drugs, said Democratic state Sen. Alex Padilla, who authored the legislation.

The bill now goes to the State Assembly for a vote.
"Because a school board is ultimately responsible for ensuring a safe learning environment, the school board should be empowered to dismiss employees they determine to be a serious threat to the health and safety of students," Sen. Padilla said in a statement.
The lurid allegations at Miramonte prompted the Los Angeles system to do an internal review of its handling of past teacher misconduct cases, and the district determined that 604 cases needed to be referred to state licensing authorities for review, though "a substantial number" of other misconduct cases had already been reported to the state, school officials said.
One parent, Alvaro Salgero, told CNN that he was concerned about child abuse in the school system.

"It tended to be a safe place, but from what I hear, it seems that's not happening in some places," Salgero said. "There isn't sufficient security for children.
"We're able to realize that there wasn't much of an investigation with teachers and they didn't investigate them before giving them a job, and those who suffer are the children, the pupils," Salgero said.

The 604 cases include teachers who were disciplined or were about to face discipline since July 2008, according to Ira Berman, Los Angeles Unified School District director of employee relations, and Vivian Ekchian, the district's chief human resources officer.
The cases also include teachers who were fired by the school board or who left the district after termination proceedings were initiated or while an allegation of misconduct was pending, Berman and Ekchian said.
The system doesn't know whether any of the teachers who were fired or who left the district are still in the classroom in other school districts.
The 604 figure also includes teachers who were suspended for 11 days or more for a variety of reasons not involving sexual misconduct with students, the two officials said.
"The safety of our students is our No. 1 priority," Ekchian said in explaining why the system referred the 604 cases to the state.

The system's internal investigation arose after parental outrage after charges were filed against former Miramonte teacher Berndt, who resigned from the system last year but was not referred to the state for possible license revocation, district spokesman Waldman said.
Berndt, 61, pleaded not guilty in February to allegations he bound young students, then photographed them with semen-filled spoons held at their mouths and three-inch cockroaches crawling across their faces, among other graphic depictions.
"We had not informed Sacramento to revoke Mr. Berndt's credentials," Waldman said.
Berndt is being held on $23 million bond and faces 23 counts of lewd acts on a child. The 23 victims were between 7 and 10 years old, and all but two of them were girls, the Los Angeles County District Attorney's Office said.

Authorities have said they have discovered roughly 600 images allegedly taken by Berndt in his classroom. Los Angeles Unified School District Superintendent Deasy has said Berndt was removed from his teaching job in January 2011 after school officials learned of the police investigation. A teacher for 30 years, Berndt initially challenged the school district's decision to dismiss him. But he eventually dropped his appeal and resigned last spring.
His arrest in January led to broader fallout over the adequacy of safeguards for the school's students and the prospect of more victims.

Days after Berndt was taken into custody, another Miramonte Elementary teacher -- Martin Springer, 49 -- was arrested and charged with three felony counts of lewd acts with a girl younger than 14. He has pleaded not guilty.
The LAUSD board subsequently shut Miramonte for two days, during which the board reconstituted the entire staff in the 1,400-student school. Miramonte is in unincorporated Los Angeles County within the Florence-Firestone area, about six miles south of downtown Los Angeles.

"Because a school board is ultimately responsible for ensuring a safe learning environment, the school board should be empowered to dismiss employees they determine to be a serious threat to the health and safety of students," Sen. Padilla said in a statement.

READ THIS: For every seven teachers brought up on charges by the average school district, one has anything directly to do with students. However, of the former seven teachers, 90% are at or near the top of their pay scale. Of that seven less than 15% are prosectuted by police. STILL, 100% WILL BE EFFECTIVELY FIRED OR DRIVEN OFF.

While time is showing it is actually easy to fire a teacher w/o a cause that would stand up in crimminal or civil court, the same district can't keep one single high school student safe from the violence, gang activities or the drug use on its own campuses. Not a single student can be kept safe until they graduate. IS THIS ABOUT PAYROLL SAVINGS OR REAL STUDENT SAFETY?

The lurid allegations at Miramonte prompted the Los Angeles system to do an internal review of its handling of past teacher misconduct cases, and the district determined that 604 cases needed to be referred to state licensing authorities for review, though "a substantial number" of other misconduct cases had already been reported to the state, school officials said.

One parent, Alvaro Salgero, told CNN that he was concerned about child abuse in the school system.  "It tended to be a safe place, but from what I hear, it seems that's not happening in some places," Salgero said. "There isn't sufficient security for children 

"We're able to realize that there wasn't much of an investigation with teachers and they didn't investigate them before giving them a job, and those who suffer are the children, the pupils," Salgero said.

The 604 cases include teachers who were disciplined or were about to face discipline since July 2008, according to Ira Berman, Los Angeles Unified School District director of employee relations, and Vivian Ekchian, the district's chief human resources officer 

The cases also include teachers who were fired by the school board or who left the district after termination proceedings were initiated or while an allegation of misconduct was pending, Berman and Ekchian said.
The system doesn't know whether any of the teachers who were fired or who left the district are still in the classroom in other school districts.
The 604 figure also includes teachers who were suspended for 11 days or more for a variety of reasons not involving sexual misconduct with students, the two officials said.
"The safety of our students is our No. 1 priority," Ekchian said in explaining why the system referred the 604 cases to the state.
The system's internal investigation arose after parental outrage after charges were filed against former Miramonte teacher Berndt, who resigned from the system last year but was not referred to the state for possible license revocation, district spokesman Waldman said.
Berndt, 61, pleaded not guilty in February to allegations he bound young students, then photographed them with semen-filled spoons held at their mouths and three-inch cockroaches crawling across their faces, among other graphic depictions.

"We had not informed Sacramento to revoke Mr. Berndt's credentials," Waldman said.
Berndt is being held on $23 million bond and faces 23 counts of lewd acts on a child. The 23 victims were between 7 and 10 years old, and all but two of them were girls, the Los Angeles County District Attorney's Office said.

Authorities have said they have discovered roughly 600 images allegedly taken by Berndt in his classroom.

Los Angeles Unified School District Superintendent Deasy has said Berndt was removed from his teaching job in January 2011 after school officials learned of the police investigation.
A teacher for 30 years, Berndt initially challenged the school district's decision to dismiss him. But he eventually dropped his appeal and resigned last spring.
His arrest in January led to broader fallout over the adequacy of safeguards for the school's students and the prospect of more victims.
Days after Berndt was taken into custody, another Miramonte Elementary teacher -- Martin Springer, 49 -- was arrested and charged with three felony counts of lewd acts with a girl younger than 14. He has pleaded not guilty.

The LAUSD board subsequently shut Miramonte for two days, during which the board reconstituted the entire staff in the 1,400-student school. Miramonte is in unincorporated Los Angeles County within the Florence-Firestone area, about six miles south of downtown Los Angeles.

This is the fight of our professional careers. Are You In or Out?

What's taking so long? This is the fight of our professional careers. Are You In or Out? "Hell has a special level for those who sit by idly during times of great crisis."
Robert Kennedy

The Art of SETTING LIMITS, Its not as easy as it looks.

Art of Setting Limits Setting limits is one of the most powerful tools that professionals have to promote positive behavior change for their clients, students, residents, patients, etc. Knowing there are limits on their behavior helps the individuals in your charge to feel safe. It also helps them learn to make appropriate choices.


There are many ways to go about setting limits, but staff members who use these techniques must keep three things in mind:
Setting a limit is not the same as issuing an ultimatum.
Limits aren’t threats—If you don’t attend group, your weekend privileges will be suspended.

Limits offer choices with consequences—If you attend group and follow the other steps in your plan, you’ll be able to attend all of the special activities this weekend. If you don’t attend group, then you’ll have to stay behind. It’s your decision.
The purpose of limits is to teach, not to punish.
Through limits, people begin to understand that their actions, positive or negative, result in predictable consequences. By giving such choices and consequences, staff members provide a structure for good decision making.
Setting limits is more about listening than talking.
Taking the time to really listen to those in your charge will help you better understand their thoughts and feelings. By listening, you will learn more about what’s important to them, and that will help you set more meaningful limits.
Download The Art of Setting Limits

SYSTEMATIC USE OF CHILD LABOR


CHILD DOMESTIC HELP
by Amanda Kloer

Published February 21, 2010 @ 09:00AM PT
category: Child Labor
Wanted: Domestic worker. Must be willing to cook, clean, work with garbage, and do all other chores as assigned. No contract available, payment based on employer's mood or current financial situation. No days off. Violence, rape, and sexual harassment may be part of the job.

Would you take that job? No way. But for thousands of child domestic workers in Indonesia, this ad doesn't just describe their job, it describes their life.

A recent CARE International survey of over 200 child domestic workers in Indonesia found that 90% of them didn't have a contract with their employer, and thus no way to legally guarantee them a fair wage (or any wage at all) for their work. 65% of them had never had a day off in their whole employment, and 12% had experienced violence. Child domestic workers remain one of the most vulnerable populations to human trafficking and exploitation. And while work and life may look a little grim for the kids who answered CARE's survey, it's likely that the most abused and exploited domestic workers didn't even have the opportunity to take the survey.

In part, child domestic workers have it so much harder than adults because the people who hire children are more likely looking for someone easy to exploit. Think about it -- if you wanted to hire a domestic worker, wouldn't you choose an adult with a stronger body and more life experience to lift and haul and cook than a kid? If you could get them both for the same price, of course you would. But what if the kid was cheaper, free even, because you knew she wouldn't try and leave if you stopped paying her. Or even if you threatened her with death.



Congress Aims to Improve Laws for Runaway, Prostituted Kids

by Amanda Kloer

categories: Child Prostitution, Pimping

Published February 20, 2010 @ 09:00AM PT

The prospects for healthcare reform may be chillier than DC weather, but Democrats in the House and Senate are turning their attention to another warmer but still significant national issue: the increasing number of runaway and throwaway youth who are being forced into prostitution. In response to the growing concerns that desperate, runaway teens will be forced into prostitution in a sluggish economy, Congress is pushing several bills to improve how runaway kids are tracked by the police, fund crucial social services, and prevent teens from being caught in sex trafficking. Here's the gist of what the new legislation is trying to accomplish:

Shelter: Lack of shelter is one of the biggest vulnerabilities of runaway and homeless youth. Pimps will often use an offer of shelter as an entree to a relationship with a child or a straight up trade for sex. In the past couple years, at least 10 states have made legislative efforts to increase the number of shelters, extend shelter options, and change state reporting requirements so that youth shelters have enough time to win trust and provide services before they need to report the runaways to the police. Much of the new federal legislation would make similar increases in the availability and flexibility of shelter options.

Police Reporting: Right now, police are supposed to enter all missing persons into the National Crime Information Center (NCIC) database within two hours of receiving the case. In reality, that reporting doesn't always get done, making it almost impossible for law enforcement to search for missing kids across districts. This hole is a big problem in finding child prostitution victims and their pimps, since pimps will often transport girls from state to state. The new bill would strengthen reporting requirements, as well as facilitate communication between the National Center for Missing and Exploited Children and the National Runaway Switchboard

We Must Never Forget These Soldiers, Sailors and Airmen and Women

We Must Never Forget These Soldiers, Sailors and Airmen and Women
Nor the Fool Politicians that used so many American GIs' lives as fodder for the fight over an english noun - "Communism"